Nicole Paduraru

The applicant sought judicial review of an Immigration Appeal Division (IAD) decision dismissing her appeal of a removal order issued for misrepresentation concerning a marriage of convenience.

The Federal Court found the IAD's decision unreasonable because it double-counted the applicant's misrepresentation by using it to reduce the weight of positive humanitarian and compassionate factors, such as establishment, and then weighing it again as a negative factor in the final balancing.

The application for judicial review was granted and the matter remitted for redetermination.

The applicant, a Sudanese citizen and musician, sought judicial review of a Refugee Appeal Division (RAD) decision confirming the rejection of his refugee claim.

The claim was based on alleged persecution by Sudanese security forces because of his twin brother's activities and his own musical performances, as well as a sur place claim based on in-Canada musical activities.

The RAD rejected the primary claim due to material inconsistencies in his testimony and omissions in his Basis of Claim form.

The RAD also rejected the sur place claim because the applicant failed to provide sufficient objective evidence that his in-Canada activities had come to the attention of Sudanese authorities.

The Federal Court found the RAD's decision reasonable, noting that the assessment of the evidence was justified, transparent, and intelligible, and dismissed the application for judicial review.

The applicants, a family from Nigeria, sought judicial review of a Refugee Appeal Division decision refusing their refugee claims on the basis that they had a viable Internal Flight Alternative in Ibadan.

The applicants feared persecution by the Niger Delta Avengers.

The RAD found no serious possibility of persecution in Ibadan and that relocation was not unreasonable despite the principal applicant's mental health concerns.

The Federal Court found the RAD's assessment of the evidence and the principal applicant's mental health to be reasonable and dismissed the application for judicial review.